Legal Opinion
City of Glendale v. SUPERIOR COURT OF LOS ANGELES CTY.
California Court of Appeal
Decided September 29, 1993No. B072610PublishedCited by 25 opinions
1Opinion of the Court
Opinion
CROSKEY, Acting P. J.
The City of Glendale (City) seeks a writ of mandate directing the trial court to vacate its order finding that the City had breached a long term lease of City-owned property to the real party in interest, Giovanetto Enterprises, Inc. (GEI), by exercising its power of eminent domain prior to the end of the term.
As we conclude that the condemnation of a leasehold interest by a public entity lessor cannot breach a contractual commitment in a lease for a minimum fixed term, we grant the writ.
Factual and Procedural Background
On April 3, 1985, City entered into a 20-year…
2Cases cited24 opinions
- United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
- City of Long Beach v. MansellCalifornia Supreme Court · 1970
- Brandt v. Superior CourtCalifornia Supreme Court · 1985
- Avco Community Developers, Inc. v. South Coast Regional CommissionCalifornia Supreme Court · 1976
- Britt v. Superior CourtCalifornia Supreme Court · 1978
19 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Philip Morris Inc. v. AngelettiCourt of Appeals of Maryland · 2000
- Third Story Music, Inc. v. WaitsCalifornia Court of Appeal · 1995
- Fisherman's Wharf Bay Cruise Corp. v. Superior CourtCalifornia Court of Appeal · 2003
- City of Oakland v. Superior CourtCalifornia Court of Appeal · 1996
- Cotta v. City and County of San FranciscoCalifornia Court of Appeal · 2007
20 more not listed; retrieve them via the Exa API.